Membership Agreement


Effective October 23, 2017


Welcome to Stayawhile!


This membership agreement (the “Membership Agreement) between you and Stayawhile, Inc. (“Stayawhile” or “we”), along with the Website Terms of Use (as defined below) and any Ancillary Terms (as defined below), governs your access to and use of the Stayawhile Website (as defined in the Website Terms of Use), the accommodations (the “Apartments”), the Storage Services (as defined below) and any other services we provide to you in the course of our business (the “Ancillary Services”) (the Apartments, the Storage Services and the Ancillary Services are, collectively, the “Stayawhile Services”). The Membership Agreement, the Website Terms of Use and the Ancillary Terms are, collectively, the “Stayawhile Agreements”.

By creating an Account (as defined below), whether or not you become a member of Stayawhile, you agree to comply with and be legally bound by the Membership Agreement, whether or not you begin or complete an Application (as defined below) and whether or not you become a member of Stayawhile. This Membership Agreement constitutes a binding legal agreement between you and Stayawhile.

Please also carefully review our Website Terms of Use, which govern your use and enjoyment of, and apply to, the entire group of websites and webpages owned, operated, licensed or controlled by Stayawhile, Inc. or its affiliates,, including but not limited to all webpages located at the top level domain name Stayawhile.com, and any social media web pages created by Operator, and our privacy policy.

Please read this Membership Agreement carefully before submitting your Application (as defined below) and again before accessing and using the Stayawhile Services as it contains important information about your legal rights, remedies and obligations. These include various limitations of liability and exclusions and resolution of disputes through arbitration.


  1. Membership Generally. We reserve the right to reject an Application or revoke a membership in the event that you have misrepresented or breached any of the following terms and conditions:
    1. Eligibility. In order to become a member of Stayawhile (your “Stayawhile Membership”):
      1. You must create an account (the “Account”) on the Stayawhile Website,
      2. You must complete an Application,
      3. We must accept your Application, and
      4. You must pay the required fees.
    2. Eligibility Criteria. As a condition of your use of the Stayawhile Services, you represent and warrant that:
      1. You are at least 18 years of age;
      2. You possess the legal authority to create a binding legal obligation;
      3. You are a legal resident of the United States;
      4. All information provided by you in connection with your Application or otherwise supplied by you to Stayawhile is true, accurate, complete and current;
      5. You will only use the Stayawhile Website or any services offered through the Stayawhile Website (including but not limited to the Stayawhile Services) for their intended use;
      6. You will inform a Guest (as defined below) about the terms and conditions of this Membership Agreement (including but not limited to the Code of Conduct discussed below) which apply to them, including all rules and restrictions applicable to such Guest;
      7. You will safeguard your Account information and will supervise and be completely responsible for any use of your Account by you or anyone other than you;
      8. You will use the Stayawhile Services in accordance with the terms herein.
    3. Right to Deny Access. We retain the right in our sole discretion to deny access to the Stayawhile Services based on the results of the Background Check (as defined below), at any time and for any reason, including, but not limited to, for violation of this Membership Agreement.
    4. Sharing your Membership. Your Stayawhile Membership is personal to you and you agree not to create more than one account. Your Stayawhile Membership is non-transferable in whole or in part (for example, you may not gift, sell or otherwise transfer a Reservation to any third party, including any other Stayawhile member). You may not share your Stayawhile Membership with any other person.
    5. Membership Terms; Ancillary Terms. In addition to this Membership Agreement, you may also receive specific terms relating to your Stayawhile Membership. When using particular plans, offers, products, services or features, you will also be subject to any additional guidelines, or rules applicable to such plan, offer, product, service or feature, which may be posted on the Stayawhile Website or otherwise communicated to you and modified from time to time (the “Ancillary Terms”). Ancillary Terms are hereby incorporated by reference into this Membership Agreement. In the event of any conflict between the Ancillary Terms and the Membership Agreement, the Membership Agreement shall govern.

  2. Account.
    In order to access the Stayawhile Services, you must first create an Account on the Stayawhile Website.
    1. Account Information. You agree that the information you provide to Stayawhile at registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information (including your Payment Method as defined below) is kept accurate and up-to-date at all times. We may, for transparency or fraud prevention or detection purposes, directly or through third parties, ask you to provide a form of government identification, your date of birth, and other information, or undertake additional checks and processes designed to help verify or check your identity or background and/or screen your information against third party databases or other sources (collectively, the “Background Check”).
    2. Password. When you create an Account, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your Account. You will safeguard your account information and will not permit anyone else to use or access your Account.

  3. Application.
    In order to access the Stayawhile Services, you must (i) complete an application and (ii) consent to certain financial verification and credit and background checks as outlined below ((i) and (ii) are, together, the “Application”)
    1. Credit Check, Background Check and Financial Verification. You authorize Stayawhile or a designated third party to investigate certain financial information, credit history, criminal history, personally identifiable information and background information for the purposes of assessing your Application. You hereby agree to release, indemnify and hold harmless Stayawhile, its agents, employees and assigns from any claims or damages in connection with or relating to your Account or your Application, as more fully set forth below. You recognize that your credit history or background information may be a factor in the evaluation of your Application. You hereby consent to and authorize the use of a consumer credit report by Stayawhile, from time to time as may be needed, in the credit evaluation process.
    2. Reference Checks. You authorize Stayawhile to contact and receive information from provided references regarding your background, reputation, and personal character.
    3. Representations and Warranties. You represent and warrant that all statements made in the Application are true, current, correct and complete.

  4. Fees
    You may create an Account without paying fees, but you may not use any of the Stayawhile Services until you have paid the required fees, as outlined below:
    1. Initiation Fee. There is a one-time initiation fee (the “Initiation Fee”) due upon submission of the Application. This fee is non-refundable.
    2. Monthly Membership Dues. You must pay monthly membership dues (“Monthly Membership Dues”) in accordance with our payment and billing cycles, as outlined below. The amount of your Monthly Membership Dues may change from time to time, such changes to be based changes to our pricing structure for any reason or due to certain promotions and will be listed on the account page of the members portal on the Stayawhile Website.
    3. Usage Fee. In order to make a Reservation (as defined below), you must pay an additional Apartment usage fee (the “Usage Fees”). Usage Fees will vary in amount based on location and date of Reservation and will be stated on the booking/reservations page of the Stayawhile Website, invoices and all Stayawhile Usage Fee Agreements sent to you. Upon making a Reservation, the first 15 days of the Usage Fee for the first 30 days is due. For the first month of the first Reservation, the outstanding balance of the Usage Fee must be paid seven days prior to move in date. Thereafter, the Usage Fee is charged on a month to month basis on the last day of each month. Thereafter, the Usage Fee is charged on a month to month basis on the last day of each month.
    4. Security Deposit. You may be required to pay a Security Deposit prior to making a Reservation, to cover any damages caused by you to the Apartment, as further defined in the Reservation (the “Security Deposit”). The Security Deposit is not intended to be a reserve from which fees may be paid. In the event you owe us other fees, you may not rely on deducting them from the Security Deposit, but must pay them separately. The Security Deposit will be returned to you no later than thirty (30) days following the last day of the applicable Reservation, subject to the complete satisfaction of your obligations under the Membership Agreement. The amount of the Security Deposit may vary and will be stated on the booking/reservations page of the Stayawhile Website.

  5. Additional Fees
    Additionally, from time to time we may allow you to purchase additional products or services through the Stayawhile Website. If you choose to purchase any of these offerings, you will be responsible for paying any additional applicable fees.
    1. Third Party Fees for using Stayawhile. You are solely responsible for any other third party charges and fees associated with your use of the Apartments, including, but not limited to, fees related to on-demand movies and pay-per-view programming from cable television providers, laundry machines, laundry service, and any housekeeping services which you solicit or receive in addition to the Basic Housekeeping Services. For the avoidance of doubt, Basic Housekeeping Services are included in your Usage Fees and are addressed below.
    2. Taxes. In some cases, Usage Fees will include local taxes and VAT, but in other cases, local law may prevent taxes from being included. In those cases, you will be billed for local taxes and VAT in addition to the Usage Fees. The Initiation Fee and Monthly Membership Dues may be subject to sales tax in accordance with applicable law.
    3. Right to Change Fees. We reserve the right to change the policy regarding when we charge fees, to introduce additional fees and to change the amount of any such fees at any time.
    4. Pets. Each Apartment has a different pet policy, including whether pets are permitted and, if so, which sizes, breeds and species are permitted (cat, dog, fish, etc). The pet policy for each Apartment is indicated on the Reservation page. Certain Apartments may require additional fees for pets. All pets must be pre-approved in advance in writing by Stayawhile.

  6. Billing and Payment.
    1. Billing Cycles. Your Stayawhile Membership starts on the date your Application is accepted (the “Effective Date”). Upon acceptance, your first Membership Cycle will be billed automatically to the Payment Method (as defined below). Unless we otherwise communicate a different time period to you at the time of sign up (such as a multi-month commitment plan), each Stayawhile cycle is one month in length (a “Membership Cycle”). You will be billed on the monthly anniversary of your Effective Date each month. In the event that the monthly anniversary of your Effective Date is a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if your Effective Date is January 31st, your next payment date is likely to be February 28th, and your Payment Method would be billed on that date. We will not start billing your Monthly Membership Dues until you have booked your first Reservation.
    2. Authorization. You acknowledge that the amount billed each month may vary for reasons that may include but are not limited to the addition of a promotional offers, changing or adding a plan, and fees incurred by you. You authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges. You also authorize us to charge you any other fees you may incur in connection with your use of the Stayawhile Services. We reserve the right to change the timing of our billing (and if we do, we’ll make adjustments to the amounts we charge, as appropriate).
    3. Automatic Renewal. Your Stayawhile Membership will automatically renew each month until your Stayawhile Membership is cancelled or terminated. For example, if your Effective Date is April 5, your Stayawhile Membership will automatically renew on May 5. Your renewal date may change due to changes in your Stayawhile Membership.
    4. Methods of Payment. All payments must be made in US dollars, Bitcoin or Ethereum. You must provide us with a current, valid, accepted method of payment (the “Payment Method”) which we may request that you update from time to time. We accept the following Payment Methods: credit cards, automated clearing house payments, ACH/Wiring, Bitcoin and Ethereum. You may edit your Payment Method information on the Stayawhile Website. If a payment is not successfully settled due to expiration, insufficient funds or otherwise, and you do not edit your Payment Method information or cancel your account, you nonetheless will remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated, including in the event you attempt to create a new account. This may result in a change to your payment billing dates. If we cannot charge your Account, we reserve the right, but are not obligated, to terminate your access to the Stayawhile Website, your Stayawhile Membership, or any portion thereof.
    5. Third-Party Payment Processors. No credit card information is ever stored on our servers. We use a third-party payment processor, Stripe.com, one of the most secure and reputable payment processors available. All card numbers are encrypted with AES-256 and decryption keys are stored on separate machines. None of Stripe's internal servers and daemons are able to obtain plaintext card numbers; instead, they can just request that cards be sent to a service provider on a static whitelist. Stripe's infrastructure for storing, decrypting, and transmitting card numbers runs in separate hosting infrastructure and doesn't share any credentials with Stripe's primary services (API, website, etc.) For more information, you can visit Stripe's security policy right here.
    6. Refunds; Discounts. Except as otherwise described, fees are nonrefundable. Any additional discounts or refunds that we may choose to provide are in our sole discretion and do not entitle you to any future discounts or refunds in the future for similar instances. Refunds may take up to 90 days to be processed.

  7. Cancellation of Membership
    1. Cancelling Your Membership. You may terminate your Stayawhile Membership at any time by going into your account settings on the Stayawhile Website and cancelling or sending an email to simone@Stayawhile.com. Cancellation is effective only upon acknowledgment by Stayawhile of receipt by Stayawhile of the cancellation notice. After cancellation, you may not book any new Reservations. You may use any Reservations which you booked and paid for prior to the cancellation. You will remain responsible for all amounts that come due prior to cancellation. If, upon cancelling your Stayawhile Membership, you have items in storage through the Storage Services, we will ship these items to you, anywhere in the world, but you will be responsible for the associated cost of shipment plus a $50 handling fee and Stayawhile will not be responsible for the loss or theft of Your Stuff (as defined below). You acknowledge that we may bill you for any costs of shipping and storage associated with your cancellation.
    2. Termination or Suspension of Membership by Stayawhile. We reserve the right to terminate or suspend your Stayawhile Membership, or any part thereof, including your access to any or all Apartments or services, your Account, any Reservations, or your access to or use of the Stayawhile Website, at any time and without prior notice and in our sole discretion for any reason, including but not limited to our belief that your continued use of the Stayawhile Services would violate any provisions of the Membership Agreement or applicable law. We reserve the right to terminate or suspend your Stayawhile Membership if your Payment Method is declined. You may only use Stayawhile Services when all required fees have been paid in full. Upon termination, we may immediately deactivate your Account and all related information and/or bar any further access to your account information and the Stayawhile Website. If we determine that you have violated the terms and conditions of the Membership Agreement or otherwise engaged in illegal or improper use of the Stayawhile Services, you will not be entitled to any refund and you agree that we will not be responsible to pay any such refund. You agree that Stayawhile will not be liable to you or any third party for any costs, expenses or damages (including but not limited to any out of pocket costs incurred by you in connection with your inability to use a Reservation or an Apartment due to such termination or suspension) which arise from the termination or suspension of your Stayawhile Membership or any part thereof, regardless of the reason for such termination or suspension.
    3. Modification. You understand and agree that, at any time and without prior notice, we may discontinue, modify or alter any aspect, feature or policy of or service offered through the Stayawhile Website or your Stayawhile Membership. You agree that Stayawhile will not be liable to you or any third party for any modification, alteration or discontinuance regardless of the reason for such discontinuance, alteration or modification. You acknowledge that your only right with respect to any dissatisfaction with any modification, alteration or discontinuation of any aspect, feature or policy of or service offered through the Stayawhile Website or your Stayawhile Membership is to cancel or terminate your membership.

  8. Reservations
    1. Reservations. No member shall be entitled to use an Apartment without a valid reservation (a “Reservation”). You must reserve and cancel your Reservation only through the Stayawhile Website or by emailing simone@stayawhile.com. A Reservation shall be considered valid only after we have given you a reservation number or otherwise confirmed it in the members’ portal of the Stayawhile Website.
    2. Availability and Allocation. Apartments are always subject to availability, and availability cannot be guaranteed until a Reservation has been confirmed to you with a reservation number. We do not guarantee the availability of particular Apartments. In accordance with Stayawhile’s standard internal business practices and processes, at any time without notice and in Stayawhile’s sole discretion, we may promote certain geographical locations or Apartments and otherwise make geographical locations or Apartments available or remove geographical locations or Apartments.
    3. Extension of Stay. If your Reservation has ended, you'll need to submit a new reservation request on the Stayawhile Website or by emailing simone@Stayawhile.com. If you want to request a reservation extension during your trip, you can submit a change request on the Stayawhile Website or by emailing simone@Stayawhile.com. We reserve the right to accept or decline the new request in our sole discretion. If Stayawhile accepts your request, the Reservation will be updated and you’ll be charged the additional amount. If the request is declined, the Reservation will stay as is.
    4. Cancellations of Reservations. You may only cancel a Reservation by contacting Stayawhile via email at simone@Stayawhile.com or by using the Stayawhile Website. Cancellation fees are as follows:
      1. Reservations cancelled at least 6 weeks prior to the first date of the Reservation are not subject to a cancellation fee.
      2. Reservations cancelled fewer than 6 weeks prior to the first date of the Reservation are subject to a cancellation fee. The first 4 weeks of the Reservation will be charged.
      3. Reservations cancelled after the start of a Reservation are subject to a cancellation fee such that you will be charged for at least 4 weeks even if you have not stayed for 4 weeks.
      4. If you do not show up for a Reservation and you have not cancelled the Reservation (a “No Show”), then you will be billed for 4 weeks. (Note: We are not obligated to honor any subsequent portion of the Reservation if you do not show up for the reservation on time or if you fail to notify Stayawhile of a late arrival.)
    5. Moving In. You may move into the Apartment after 3 pm on the first day of your Reservation. You are expected to move in with only a nominal amount of personal property (a few suitcases’ worth). You are not permitted and will not be allowed any furniture or large items requiring a freight elevator or movers.
    6. Moving Out. Prior to 12 pm on the last day of your Reservation, you will remove all of your and your Guest’s property from the Apartment. After the last day of your Reservation, we will be entitled to dispose of any property remaining in or on the Apartment after the end of the Reservation without any obligation to store such property, and you waive any claims or demands regarding such property or our handling of such property. You will be responsible to pay any fees reasonably incurred by us regarding such removal. We will not forward or hold mail or other packages delivered to the Apartment. In the case of your refusal to leave the Apartment at the end of your Reservation, we reserve the right to charge late fees equal to the total amount of the equivalent reservation multiplied by 4.
    7. Availability of Reservations.
      1. Unavailability. There may be situations when Reservations which have been confirmed by us become unavailable for reasons other than force majeure. In this situation, we will provide either an alternate accommodation solution for you subject to commercially reasonable efforts or a refund in an amount at our discretion. For the avoidance of doubt, in the event of a force majeure event, the terms and conditions of this paragraph are not applicable. If, for any reason, we are unable to make the Apartment available by the first day of your Reservation, we will not be subject to any liability therefore, nor will such failure affect the validity of this Membership Agreement. In this event, you will be credited the amount of any Usage Fees associated with the days when the Apartment was not available to you.
      2. Force Majeure. We have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond our direct control, and we have no responsibility for any additional expenses, omissions, delays, re-routing or acts of any government or authority. “Force majeure” means any act of God including war, revolution, terrorist act, closure of borders, epidemic, natural catastrophe weather conditions or other unexpected and catastrophic event that cannot be reasonably anticipated or controlled and which impacts the place where the Apartment is located or your location of origin.

  9. Guest Policy
    1. The maximum permitted number of people who are authorized to stay overnight in an Apartment is two people, of which one must be you. You may invite up to one guest (a “Guest”) to share the Apartment with you during the term of your Reservation. Your Guest may not book Reservations. Your Guest may not use an Apartment unless you accompany them for the entire duration of the Reservation. The name of the Guest must be registered on the Stayawhile Website or by sending an email to simone@Stayawhile.com. You will ensure that the Guest complies with all terms, conditions, and policies. You will be responsible for any liabilities or charges caused or incurred by your Guest, including but not limited to fees, damages to any Apartment, or violation of the terms of this Membership Agreement. The Guest must produce valid, government-issued photo identification upon request.

  10. Code of Conduct.
    As an ambassador for Stayawhile around the world, you are expected to conduct yourself in an appropriate and responsible manner when you use an Apartment. You will abide by such rules and regulations as determined by us which are communicated to you by email from time to time. We may add, delete or amend the rules and regulations at our reasonable discretion and with notice to you.
    1. Prohibited Conduct. You agree, on behalf of yourself and your Guests, never to:
      1. Harass, threaten, disrupt or defraud other members, neighbors or staff of Stayawhile or Apartments or otherwise create or contribute to an unsafe, harassing, threatening or disruptive environment or conduct yourself in a way that is “unsportsmanlike,” such behavior to be determined in the sole discretion of Stayawhile or any of our agents or assigns.
      2. Perform any activity that is reasonably likely to be disruptive or dangerous to neighbors, their property or the Apartments;
      3. Damage, alter, or modify any Apartments or other real property;
      4. Smoke tobacco, marijuana, crack, or any other odiferous legal or illegal substance inside the Apartment or in the public areas of the building where the Apartment is located (the “Building”);
      5. Conduct or pursue any illegal activities inside the Apartments or in or near the Building in which the Apartment is located;
      6. Conduct any activity that is generally regarded as offensive;
      7. Use the name “Stayawhile” or use pictures or illustrations of the Apartments in any advertising, publicity or other purpose, without our prior written consent.
      8. Make any copies of any keys or other means of entry to the Apartments or lend, share or transfer any keys or keycards to any third party.
      9. Impersonate another person or access another user’s account;
      10. Share Stayawhile-issued passwords with any third party or encourage any other user to do so;
      11. Permit anyone (including other members) to use any Reservations booked under your Stayawhile Membership.
      12. Intentionally abuse or overuse the utilities provided to you in the Apartments, for example by running air conditioning at an overly low temperature or consuming electricity in an excessive way. We ask that you keep your use of electricity to a reasonable amount. We cap all electricity bills at $150.00 per month in the greater New York Are. We reserve the right to collect an additional fee if your electricity bill exceeds the aforementioned amount. The cap amount may change by city.
      13. Prohibited Uses. As a condition of your use of the Apartment, you will not use an Apartment for any purpose that is unlawful or prohibited by the Membership Agreement. You may never:
      14. Sublet the Apartment to any subtenants, tenants or guests either through a sublease, anything resembling a sublease, or by listing the Apartment on any online travel agency or booking site, including but not limited to Craigslist or Airbnb. Any attempt to profit from the Apartment by advertising the Apartment or renting it out to transient guests will constitute a breach of this Membership Agreement. You will be responsible for paying (i) any fines imposed by local authorities for violating local laws prohibiting transient guests in residential buildings or other similar laws and (ii) any fees, penalties, charges or other expenses or costs imposed upon Stayawhile by any third party, including but not limited to any owner of a Building.
      15. Use the Apartment in a “retail,” “medical,” or other nature involving frequent visits by members of the public;
      16. Use common spaces in the Building as a place for continuous, everyday occupancy or for activities which are disruptive to other occupants.
      17. Store valuable possessions. We are not liable for the lost, theft or damage to any valuable possessions left inside the Apartment.
    2. Damage to Apartments.
      1. You are responsible for leaving the Apartment and all property inside it in the condition it was in when you arrived, other than normal wear and tear. You acknowledge and agree that you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or provide access to, the Apartment. You must notify us of any damage to the Apartment, contents, fixtures or fittings which occurs during your stay, even if you regard the damage as minimal or normal wear and tear or if you do not believe the damage is your fault. If you do not notify us of any such damage you will be fully responsible for such damage on a full replacement cost basis as determined by us in our sole discretion. You will safeguard our property and you will be liable for replacement fees should any such property be lost, stolen, damaged or destroyed.
      2. No Modifications.You may not attach or affix any items to the walls, install antennas, paint walls or cabinetry, remove finishes or furniture in the Apartment or bring additional furniture into the Apartment.
      3. Damage Fees. In the event that we claim and provide evidence of damage or you declare any damage, then you are responsible for full replacement cost of the damaged items (“Damage Fees”). You authorize us to charge any Damage Fees for which you are responsible to the Payment Method supplied by you.
      4. Other Physical Property. Keys, key cards and other such items used to gain physical access to the Apartment remain our property and must be returned in the designated manner at the end of your Reservation.
      5. Heat and Air Conditioning. You will maintain the temperature of the Apartment at a reasonable temperature that neither promotes growth of mold and mildew nor causes freezing of pipes.

  11. Included Services.
    1. The following services are included in your Usage Fees:
      1. Regular maintenance of the Apartments, provided that we will not be responsible for damage exceeding normal wear and tear.
      2. Cleaning of the Apartment prior to move-in and once a month thereafter (“Basic Housekeeping Services”)
      3. Furnishings for the Apartments of the quality and in the quantity typically provided as appropriate.
      4. High-speed internet connection.
      5. Utilities including gas, water and electricity.
        1. We ask that you keep your use of electricity to a reasonable amount. We cap all electricity bills at $150.00 per month in the greater New York Are. We reserve the right to collect an additional fee if your electricity bill exceeds the aforementioned amount. The cap amount may change by city.
      6. Heat and air-conditioning.
    2. We may modify or reduce the list of included services at any time without prior notice.

  12. Services Not Included.
    1. The following services are not included in your Usage Fees and, if such services are available they will be provided by a third party which is unrelated to Stayawhile and will carry an additional cost which you will be solely responsible for. On a case by case basis, such as in the case of a Building gym, Stayawhile may have arranged with such third party to add any fees related to such services to your monthly bill. The services which are not included with your Stayawhile Membership include but are not limited to:
      1. Gym and fitness center fees in the Building or elsewhere, when available to residents of the Building.
      2. Pet fees and pet rent.
      3. Additional housekeeping and cleaning services in excess of the Basic Housekeeping Services.
      4. Laundry, laundry machines and dry cleaning.
      5. Food delivery.
      6. Cable television, premium cable and pay-per-view.
      7. Move-in, move-out and packing services.
      8. Any other service which is not listed on the included services but which may be offered either through the Building in which the Apartment is located or otherwise available.

  13. Our Reserved Rights. Stayawhile, our agents, and other members of the Building’s staff are entitled to access the Apartments, with or without notice, for maintenance, safety or emergency purposes. During these times, we may temporarily move furniture or your personal possessions. We reserve the right to move or alter the Apartments in such event to comply with any maintenance, safety, or emergency purposes.

  14. Other Services
    1. Storage Services.
      1. Third Party Storage Vendors. Stayawhile has contracted with third party vendors (“Third Party Storage Vendors”) to offer Stayawhile members through the Stayawhile Website access to storage services (the “Storage Services”). These Storage Services allow you to leave personal belongings (“Your Stuff”) at the Apartments, and then they will be stored for you until you request their delivery in a Stayawhile bag or Stayawhile box (a Stayawhile bag or Stayawhile Box is a “Trunk”). Storage Services are provided by third-party providers, and at any time, Your Stuff may be handled by several delivery people (including but not limited to third parties contracted by the Third Party Storage Vendors to deliver Your Stuff), other third parties, any of whom may steal it, break it, lose it or otherwise mishandle it. Stayawhile is in no way liable for the handling, use, misuse, breaking of, loss of or other damage to Your Stuff. Stayawhile accepts no liability and is not responsible for valuables. We ask that you not store anything valuable in your Trunk and that you use a lock on your Trunk.
      2. Compliance With Laws. You are responsible for complying with local, state, and federal laws, rules, and regulations regarding storage of Your Stuff, as well as all of our policies.
      3. Prohibited Uses. You may not store in any Trunk:
        1. Living things (pets, plants, etc)
        2. Firearms;
        3. Explosives;
        4. Flammables of any kind (gas, diesel, kerosene, oil, paint, etc.);
        5. Drugs or drug paraphernalia;
        6. Food or other perishable goods;
        7. Glass or any liquid items;
        8. Stolen items or counterfeit goods;
        9. Illegal items;
        10. Hazardous items of any kind;
        11. Hazardous or toxic waste material of any kind;
        12. Items that produce odors of any kind; or
        13. Any item which does (or may) detrimentally affect anything that is outside of your Trunk (such as the trunks of other users, the storage facility, etc.);
        14. Personal property which would result in the violation of any law or regulation of any governmental authority;
        15. Official documents or items containing personally identifiable information in a trunk;
        16. Valuables, jewelry, or otherwise irreplaceable items;
        17. Fragile items
      4. To the fullest extent permitted by law, you waive all rights and claims against Stayawhile arising in any way from storing Your Stuff or your use of a Trunk.
      5. Temperature and Climate Control. The Third Party Storage Vendors have agreed to use commercially reasonable efforts to maintain the temperature of the facility in which your trunks are stored between 55°F and 85°F (12.7°C - 29.4°C). Other than temperature, Your Stuff will not be stored in a climate-controlled environment. Airflow and moisture level will not be regulated. The Third Party Storage Vendors have agreed to take all commercially reasonable steps to protect Your Stuff from the growth of mold or similar microorganisms; notwithstanding the foregoing, because Your Stuff will not be stored in a completely climate-controlled environment, we cannot guarantee that mold or similar microorganisms may not develop on your property. We are not liable for the natural growth of mold, or mildew or similar microorganisms on your property. You assume the risk that mold or similar microorganisms could develop under these circumstances.
      6. Irreplaceable / Fragile Items. You should not store fragile items in a Trunk. By executing this Membership Agreement, you understand, acknowledge and agree that if you store fragile items in a trunk, you waive all rights and claims against Stayawhile, in accordance with the terms of this Membership Agreement, should your fragile items get damaged or break. You acknowledge and agree that the storage containers provided by Stayawhile and premises where they will be located are not suitable for the storage of heirlooms or precious, invaluable or irreplaceable property such as, but not limited to, books, records, writings, contracts, documents, personalized or other DVDs or videos, works of art, objects for which no immediate resale market exists, objects which are claimed to have special or emotional value and records or receipts relating to the stored goods. You agree not to store any such items. Should you store such items, you assume the risk that they could be damaged by the environmental conditions existing at the premises where they are stored and waive all rights and claims against Stayawhile for any damage arising from environmental conditions.
      7. Stayawhile's Lien; Default. We have a lien upon all personal property stored by you for outstanding fees and/or payments owed to us and for expenses reasonably incurred in the sale of Your Stuff or other disposition as permitted by New York Law or other applicable law if the Trunk is overseas or in a different state. We may enforce the lien by selling the personal property stored by you at a lien sale in accordance with applicable law. We will provide you with due and proper notice of the lien sale prior to its occurrence.
      8. Value Of Your Property. You represent and warrant that each Trunk rented by you contains property with a total value of $200 or less, with an aggregate limit comprising of all of Your Stuff of $400 (the "Aggregate Limit"). If, despite the limitations herein, Stayawhile or any third party provider is found liable for any loss or damage to Your Stuff, then the liability of Stayawhile and/or any third party providers will be limited to direct damages in the amount of the cost (fair market value) of Your Stuff, up to U.S. $200 per trunk or U.S. $400 total in aggregate.
      9. Insurance. We do not maintain any insurance on your personal property, including but not limited to Your Stuff. Insurance that applies above the limit of Stayawhile's liability (or when Stayawhile is not liable) is your sole responsibility. You have the option of obtaining your own insurance coverage for your personal items stored in a Trunk or brought to an Apartment by you. You understand, acknowledge and agree that Stayawhile will not be liable beyond the limits set forth above.
      10. Packing Your Trunk; Moving Apartments. We, or a third-party designee, will assist you with moving Your Stuff between Apartments but such assistance is conditioned upon you personally packing Your Stuff. A Stayawhile team member or a third party designee is prohibited by Stayawhile from packing Your Stuff. You are solely responsible for packing your items into each Trunk, including packing your items so that they will not be damaged during transit and storage. You understand that the Trunk will be moved from time to time in connection with deliveries or as may be needed for its storage. By having us or a third-party pick up the Trunk, you represent and warrant that the Trunk has been packed appropriately. You agree that Stayawhile is not responsible for any damage caused by or arising from your failure to properly or safely pack the Trunk. In addition, we reserve the right to refuse any Trunk that we reasonably believe weighs over 60 lbs. All Items must fit inside the Trunk. Stayawhile will not accept and will not be responsible for items submitted for storage outside of the Trunk.
      11. Blackout Dates for Pickup and Delivery. Some days we will not be able to deliver Your Stuff, based on short term notice or local holidays including Christmas, New Year’s Day, Independence Day, and other holidays.
      12. Cancelling Your Storage Account. You can terminate your storage account at any time by going to your account settings page or by contacting Stayawhile support. (Any fees for a minimum storage term per Trunk will still apply.) You must arrange for and pay the costs (as set out in this Membership Agreement) of having Your Stuff returned to you. You must continue to pay us your full subscription each month until all of Your Stuff has been returned to you.

  15. Disclaimers
    1. If you choose to use the Stayawhile Website, any services offered through the Stayawhile Website (including but not limited to the Stayawhile Services) or to become a member of Stayawhile, you do so at your sole risk. You acknowledge and agree that Stayawhile does not have an obligation to conduct background checks on any third parties including any Third Party Storage Vendors, any delivery people, companies or agents contracted by the Third Party Storage Vendors, Stayawhile members, Guests or any owners, managers or occupants of any Buildings, but may conduct such background checks solely in connection with an Application as discussed above for Stayawhile’s own internal business purposes in its sole discretion, to the extent permitted by applicable law. If Stayawhile chooses to conduct such checks, to the extent permitted by applicable law, Stayawhile disclaims warranties of any kind, either express or implied.
    2. The Stayawhile Website, any services offered through the Stayawhile Website (including but not limited to the Stayawhile Services) and the Reservations are provided “AS IS” without warranty of any kind, either express or implied. Without limiting the foregoing and to the extent permitted by law, Stayawhile explicitly disclaims any warranties of merchantability, warranties of habitability, satisfactory quality, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of the course of dealing or usage of trade. Stayawhile makes no warranty that any services (including but not limited to the Stayawhile Services) or accommodations (including but not limited to the Apartments) offered through the Stayawhile Website or the Reservations will meet your requirements or be available on an uninterrupted, secure or error-free basis. Stayawhile makes no warranty regarding the quality of any services (including but not limited to the Stayawhile Services) or accommodations (including but not limited to the Apartments) offered through the Stayawhile Website.

  16. Limitation of Liability; Release; Indemnification and Hold Harmless
    1. You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of any and all services, features or products offered through the Stayawhile Website or in connection with or related to the Stayawhile Services (including but not limited to the Apartments, the Storage Services, any Reservations, and any contact you may have with other members of the Stayawhile community, whether in person or online) remains with you.
    2. Neither Stayawhile, nor its affiliates, contractors, directors, employees, agents, third party providers (including but not limited to the Third Party Storage Vendors and any owners or managers of a Building) nor any other party involved in creating, producing or delivering the Stayawhile Website or in providing any services offered in connection with or related to the Stayawhile Website or the Stayawhile Services will be liable for any damages including but not limited to direct, indirect, punitive, incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or property damage or property loss or emotional distress arising out of or in connection with or related to:
      1. your Account (including but not limited to Stayawhile’s storage and retention of your personally identifiable information),
      2. your Application (including but not limited to Stayawhile’s storage and retention of your personally identifiable information),
      3. the Membership Agreement,
      4. a Reservation,
      5. the use of or inability to use the Stayawhile Website,
      6. any services or accommodations provided by or offered through the Stayawhile Website including but not limited to the Stayawhile Services, or
      7. any communications, interactions or meetings with other members of the Stayawhile community, whether such damages are based on warranty, contract, tort (including negligence), product liability or any other legal theory (including innkeeper liability), and whether or not Stayawhile has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
    3. In the event that applicable law does not allow the limitation or exclusion of liability or certain damages, Stayawhile’s liability will be limited to the fullest extent permitted by applicable law.
    4. Stayawhile’s liability to you is limited to $50 or the amounts, if any, paid by you to Stayawhile in the three (3) months immediately prior to the event first giving rise to the claim, whichever is more. The foregoing limitations will apply to the maximum extent permitted by applicable law. The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in this Membership Agreement is found to have failed of its essential purpose. The limitations of liability provided in this Membership Agreement inure to the benefit of Stayawhile, its affiliates, contractors, directors, employees, agents, owners or managers of any Buildings, and any third party providers.
    5. Release, Indemnification and Hold Harmless. By visiting the Stayawhile Website or using the Stayawhile Services, you understand, acknowledge and agree, on behalf of yourself, your heirs, personal representatives and assigns, that you are aware that the following risks which include, but are not limited to, property loss or damage, illness and bodily injury or death, cannot be eliminated and you specifically assume such risks. The use of any of the information, services or accommodations provided on or in connection with the Stayawhile Website, including but not limited to the Stayawhile Services, is solely at your own risk.
      In no event will Stayawhile, its affiliates and subsidiaries and its and their managers, officers, directors, employees, contractors, agents and third party providers or property owners (including but not limited to the Third Party Storage Vendors and owners or managers of a Building) (collectively, the “Released Parties”) be liable for, and you, on behalf of yourself, your heirs, personal representatives and assigns, hereby release the Released Parties from and waive all claims whatsoever for (a) any consequential, direct, indirect, incidental, special, or punitive damages, under any legal theory, including but not limited to breach of contract or negligence and (b) any damages, liabilities, losses, and expenses or costs, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:
      1. Your Account or your Application (including but not limited to Stayawhile’s storage and retention of your personally identifiable information);
      2. your access to or use of (a) the Stayawhile Website, (b) the Stayawhile Services (including but not limited to the Apartments, the Ancillary Services, and the Storage Services), (c) the Reservations;
      3. your violation of the Membership Agreement;
      4. the use of or Reservation of an Apartment by you or your guests (including but not limited to a Guest), including but not limited to any injuries, losses or damages (compensatory, direct, incidental, punitive, consequential or otherwise) of any kind arising in connection with or as a result of a Reservation or use of an Apartment; or
      5. your interaction with any other Stayawhile member.

      6. You agree to defend, indemnify and hold the Released Parties forever harmless from and against any and all claims, liabilities, injuries, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:
      7. Your Account or your Application (including but not limited to Stayawhile’s storage and retention of your personally identifiable information);
      8. your access to or use of (a) the Stayawhile Website, (b) the Stayawhile Services (including but not limited to the Apartments, the Ancillary Services, and the Storage Services), (c) the Reservations;
      9. your violation of the Membership Agreement;
      10. the use of or Reservation of an Apartment by you or your guests (including but not limited to a Guest), including but not limited to any injuries, losses or damages (compensatory, direct, incidental, punitive, consequential or otherwise) of any kind arising in connection with or as a result of a Reservation or use of an Apartment; or
      11. your interaction with any other Stayawhile member.
      Stayawhile reserves the right, at your expense, to assume the exclusive defense of any matter subject to indemnification by you, and you agree to cooperate with such defense.

  17. Other Terms and Conditions.
    1. Right to Change Fees and Terms. We may offer a number of membership plans, including special promotional plans or memberships, with differing conditions and limitations. We reserve the right to modify, terminate or otherwise amend our offered membership plans at any time. The specific details of any membership plan, including the frequency, geographic location and types of Reservations you may book and fees may be unique to you according to the membership plan you select. We are not obligated to match the economic terms offered to other members or prospective members in the event that they are more favorable than your terms.
    2. Price Changes. We reserve the right to adjust pricing at any time. Unless we expressly communicate otherwise, any price changes to your Stayawhile Membership will take effect on your next billing cycle upon notice communicated through a posting on the Stayawhile Website or mobile applicable or such other means as we may deem appropriate from time to time, such as email.
    3. Privacy. Your privacy is important to Stayawhile. The Stayawhile Privacy Policy is hereby incorporated into this Membership Agreement by reference. Please read the privacy policy carefully for information relating to Stayawhile’ collection, use, and disclosure of your personal information. When you make a Reservation, the applicable Apartment and its staff and agents will have access to certain information about you, such as your name and email address, so it can provide services to you, communicate with you regarding the Reservation and send you other communication that may be of interest to you such as marketing offers. Please see the Privacy Policy for more information.
    4. Notice. Except as explicitly stated otherwise, legal notices will be served, with respect to Stayawhile, on Stayawhile’s national registered agent, and, with respect to you, to the email address you provide to Stayawhile during the registration process. Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice will be deemed given three days after the date of mailing.
    5. Electronic Signatures and Agreements. You acknowledge and agree that by clicking on the button labeled “SIGN HERE”, “CONFIRM RESERVATION,” "SUBMIT", "DOWNLOAD", “PLACE MY ORDER”, "I ACCEPT" or such similar links as may be designated by Stayawhile to accept the terms and conditions of this Membership Agreement, the booking of any Reservation or any Stayawhile Services, you are submitting a legally binding electronic signature and are entering into a legally binding contract with Stayawhile. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Membership Agreement. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the "E-Sign Act") or other similar statutes, you hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed through the Stayawhile Website or services offered by Stayawhile. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of nonelectronic records, or to payments or the granting of credits by other than electronic means.
    6. Right to Disclose. We may disclose information, without prior notice, about you as necessary to satisfy any applicable law, regulation, legal process or governmental request.
    7. These terms are only applicable to users in the United States. Notwithstanding anything to the contrary contained herein, use of the Stayawhile Services is unauthorized in any jurisdiction that does not give effect to all provisions of the Membership Agreement, including, without limitation, this paragraph. The Membership Agreement is void where prohibited.

  18. Disputes; Agreement to Arbitrate.
    1. Stayawhile is committed to customer satisfaction, so if you have a problem or dispute, we will work with you in an effort to resolve your concerns. If we are unsuccessful in resolving your concerns, you agree that your exclusive remedy for the pursuit of any problem or dispute is through either binding arbitration or through New York City small claims court (if such problem or dispute meets the criteria for such small claims court). The terms “problem” or “dispute” mean any dispute, claim, or controversy raised by you regarding any aspect of your relationship with Stayawhile and its affiliates or subsidiaries, and any companies offering products or services through Stayawhile (which are beneficiaries of this arbitration agreement), whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behavior), or any other legal or equitable theory, and includes the validity, enforceability or scope of this arbitration agreement (with the exception of the enforceability of the class action waiver clause below) and includes any problem or dispute which arose before you accepted this Membership Agreement. The terms ‘problem’ or ‘dispute’ are to be given the broadest possible meaning that will be enforced.
    2. You agree to give us an opportunity to resolve any problem or dispute by contacting simone@Stayawhile.com. If we are not able to resolve your problem or dispute within 90 days, you may seek relief through binding arbitration or in New York City small claims court, as set forth below.
    3. Arbitrations will be conducted by the American Arbitration Association (AAA) under its rules before a single arbitrator. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, except as provided in this section. You are responsible for all fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses.
    4. You may choose to have an arbitration conducted by telephone, based on written submissions, or in New York City or at another mutually agreed location.
    5. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your problem or dispute to "Stayawhile, Inc. at 149 Madison Avenue, Suite 1201, New York, NY 10016. Notwithstanding anything to the contrary contained herein, we reserve the right to avail ourselves of any and all remedies and venues (including through court) available to us if you violate the terms of the Stayawhile Agreements; however, if we request arbitration against you, we will give you notice at the email address or street address you have provided.
    6. Any and all proceedings to resolve problems or disputes will be conducted only on an individual basis and not in a class, consolidated or representative action. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, representative action, consolidated action or private attorney general action). You agree that this class action waiver is material and essential to the arbitration of any problem or dispute and is nonseverable from the arbitration agreement. You understand that by agreeing to this class action waiver, you may only pursue problems or disputes against Stayawhile in an individual capacity and not as a plaintiff or class member in any purported class action or representative proceeding.
    7. If for any reason a problem or dispute proceeds in court rather than in arbitration we each waive any right to a jury trial. The Federal Arbitration Act and federal arbitration law apply to the Stayawhile Agreements.
    8. This Arbitration Agreement shall survive the termination of your contract with Stayawhile and your use of the Stayawhile Website and services.
    9. Notwithstanding anything to the contrary contained herein, nothing herein is intended to waive Stayawhile’s right to immediately file suit for eviction, without prior notice and without posting of a bond, if you remain in possession of the Apartment after the checkout date of your Reservation. If you have not vacated the Apartment on or prior to your Reservation checkout date, you will be a holdover tenant and agree that you will pay the greater of (a) the maximum amount permitted under the law and (b) those fees as outlined above per day of such holdover tenancy and we reserve our right to terminate such holdover tenancy in accordance with applicable law, including filing suit for eviction.

  19. Miscellaneous.
    1. Survival. Cancellation, termination or expiration of your Stayawhile Membership will not affect accrued rights, indemnities, releases, existing payment obligations or any contractual provision which, by its express terms or nature and context, is intended to survive termination, cancellation or expiration of the Membership Agreement.
    2. Choice of Law; Forum. The Stayawhile Agreements shall be governed in all respects by the laws of the State of New York, without regard to conflict of law provisions. If for any reason the arbitration clause becomes inapplicable, the parties agree that any such problem or dispute or any issue arising out of or relating to the Stayawhile Agreements shall be submitted to the exclusive jurisdiction of the New York City courts.
    3. Assignment. We may assign our rights and obligations under the Membership Agreement. The Membership Agreement will inure to the benefit of our successors, assigns and licensees.
    4. Severability. If any provision of the Stayawhile Agreements shall be unlawful, void, or for any reason unenforceable, the unlawful, void or unenforceable provision will be replaced with a provision that is valid and enforceable and that comes closest to the parties' intention underlying the invalid or unenforceable provision. Such revisions will not affect the validity and enforceability of any remaining provisions.
    5. Headings. The heading references in any Stayawhile Agreement are for convenience purposes only, do not constitute a part of the Stayawhile Agreements, and will not be deemed to limit or affect any of the provisions hereof.
    6. Entire Agreement. The Membership Agreement and the Ancillary Terms, as each may be amended as set forth herein, are the entire agreement between you and Stayawhile relating to the subject matter herein.
    7. Claims; Statute of Limitations. YOU AND Stayawhile AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE MEMBERSHIP AGREEMENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
    8. Disclosures. The services hereunder are offered by Stayawhile, Inc., located at: 149 Madison Ave., Suite 1201, New York, NY 10016 and email: simone@Stayawhile.com.
    9. Waiver. No waiver of any of the terms in any Stayawhile Agreement by Stayawhile is binding unless authorized in writing by the Chief Executive Officer of Stayawhile. In the event that Stayawhile waives a breach of any provision of any Stayawhile Agreement, such waiver will not be construed as a continuing waiver of other breaches of the same nature or other provisions of any Stayawhile Agreement and will in no manner affect the right of Stayawhile to enforce the same at a later time.
    10. Capitalized terms used but not defined herein have the meanings assigned to them in the Website Terms of Use.
    11. Unless the context otherwise clearly indicates, words used in the singular include the plural, the plural includes the singular, and the neuter gender includes the masculine and the feminine.
    12. The Membership Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties hereto (except the Released Parties are third party beneficiaries of this Membership Agreement solely and exclusively for purposes of Section P regarding your obligations to release and indemnify such Released Parties). For the avoidance of doubt, Guests are not third party beneficiaries of or to the Membership Agreement.